acts to form an apartment owners association - kerala

gk (Querist) 13 July 2023 This query is : Open
Dear Peers,
Pranam.

Regarding the subject, whether various Acts are available as a Legal reference /documents to form an Apartment Association in Kerala State?

OR Compulsorily we should follow some specific Acts in Kerala?

Please advise.

Thanking you
Regards
Gopalakrishnan

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Quick Summary

This discussion clarifies the legal framework for forming an Apartment Owners Association in Kerala. The primary act to follow is the Kerala Apartment Ownership Act, 1983 (KAO Act 1983). While other acts like the Society Registration Act were initially considered, the KAO Act 1983 is confirmed as the most appropriate legal reference. A Kerala High Court ruling ensures that associations have the right to register under this act, even if administrative hurdles like the provision of registers exist.

Isaac Gabriel (Expert) 13 July 2023
Its voluntary Association with set of bylaws and registered with competent Authority.

gk (Querist) 13 July 2023
Respected Issac Sir,
That means it depends on the competent authority to whom with we registered..?
So which are those competent authorities for examples please ......

Thank you

kavksatyanarayana (Expert) 13 July 2023
sorry. I have mistaken.

T. Kalaiselvan, Advocate (Expert) 14 July 2023
This Act may be called the Kerala Apartment Ownership Act, 1983.
It extends to the whole of the State of Kerala.
This Act applies only to property, the sole owner or all of the owners of which submit the same to the provisions of this Act by duly executing and registering a declaration as hereinafter provided: Provided that no property shall be submitted to the provisions of this Act, unless it is mainly used, or proposed to be used, for residential purposes.
You can find the bylaws also from this act.

gk (Querist) 14 July 2023
Thank you Kalaiselvan Sir ....
I have further two queries on this :
(Queries are for our Apartment in Kerala only)

1. Whether any such other Act(s) are applicable for the "Apartments in Kerala" to form an Owners Association and/or to register the same
2.
2. Whether selecting such Act(s) to form an Association and/or to register the same is to the descretion of the Apartment Owners ? OR strict mandatory requirements is there from state/central govt authorities or any such Authorities?

Thanking you
Yours faithfully
Gopalakrishnan

T. Kalaiselvan, Advocate (Expert) 15 July 2023
You were given the available options to proceed further on the issue.
Now your subsequent question is an imaginary concept because you want to push something which is not available.
The law is designed for everyone's convenience, if this provision of law is not suiting your requirement then you may look for any alternative arrangement but they may not be legally recognized or enforceable in the event of any dispute that may arise in future among the members

gk (Querist) 15 July 2023
This clarifies surely my doubts Sir. I have now came to a conclusion that "KAO Act 1983" is the best available option to follow for forming an association.
(Our document writer specified in our "draft copy of bylaw", about the 'Society Registration Act 1860' and we are totally unaware about it. We thought that the bylaw are the norms and terms that the members could prepare for our own welfare and can follow/implement the same once all the members been approved it in GBM)
Thanks a lot Kalaiselvan Sir🙏
Highly anticipated for your clarification.
Regards
Gopalakrishnan

P. Venu (Expert) 15 July 2023
Yes the such Association could be registered under the Kerala Apartment
Ownership Act, 1983. As pointed out, the Act applies only to property, the sole owner or all of the owners of which submit the same to the provisions of this Act by duly executing and
registering a declaration as provided therein.

The Association could be registered in accordance with the provisions of the Act. It appears there had been some administrative lacuna on this aspect which has been set at rest by the directions of the Kerala High Court in the case of J.K.Pearl Apartment Owners vs The State Of Kerala -

"4. Thus it can be seen from the counter affidavit by the Inspector General of Registration, the difficulty in registration is on account of non-providing the register.

5. Every Association has a right to register the Association in accordance with the Act. The rights of the apartment owners forming Association and carryout the objectives in terms of the Act, cannot be defeated for the reason that the Government failed to provide any register.
In view of the above, there shall be a direction to the first respondent to provide register to all Sub Registrars of the areas in which the Act is notified in the State for registering Association under the Act as contemplated under Section 13 (4) of the Act. This shall be done within three months. If the Government fails to provide any register within three months, the Inspector General of Registration, Kerala shall direct all Sub Registrars in the State of Kerala to file copy in Book-1 under Section 51 of the Registration Act, 1908 and follow the provisions in the Act/Rules for registration of such Association, till the Government provides separate register for registration of apartment owners. This shall be done immediately after the expiry of three months' time given to the Government to provide register"

gk (Querist) 17 July 2023
Thank you very much Venu Sir
for providing a detailed info on the subject. Myself trying to check with other apartment associations and their bylaw for a reference but it becomes more confusing while reviewing more than one.
We are unable to get a clear picture from those ... that's the reason for this post/query.
Express hearty gratitude to you and all team in this forum.
Regards
with love and respect
Gopalakrishnan

gk (Querist) 11 August 2023
Dear Kalaiselvan Sir and Venu Sir
Pranam.

We are preparing our Bylaws with reference to the Kerala Apartment Owners Act 1983 (KAO-83). Actually we replaced by avoiding the Society Registration Act 1860 (or1960?) recommended by our registration agency.
But they are telling that this KAO-83 Zis yet to implement in our state and not have validity as a supporting of reference Act to follow for our purpose?
Now we are in a dilemma on this matter. And if you could provide your valuable feedback on this, surely we will be happy to look into the same.
Regards,
kvg

P. Venu (Expert) 11 August 2023
In view of the decision and specific direction of the Kerala High Court, such an advice, to my understanding, is contrary to the facts as well the law.

gk (Querist) 11 August 2023
Ok Sir,
I understand your point.
Thank you very much for the quick response.
Best Regards
Gopalakrishnan

gk (Querist) 03 September 2024
Respected Venu Sir,

Any update on the KAO Act 1983 implementation in Kerala? I am eagerly waiting for your response Sir.

Regards
GOPALAKRISHNAN

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